ETHICAL CHOICES

1

Lecture Slides prepared by Mark Kellar to
Accompany
AJ 482

• CHAPTER 15
• ETHICAL CHOICES
• RESEARCH
• TERRORISM

2
Types of Research in AJ

• Forensics
• Policing
• Courts
• Corrections
• Psychology/Sociology

3
Ethics and Research

• Major Ethical Issues
• Data fraud
• Do No Harm
• Plagiarism
• Confidentiality/Anonymity
• Special Populations
• HIPPA and FERPA

4
Major Ethical Violations in Social Science

• Stanley Milgrams Obedience to Authority (1974).
• Philip Zimbardos (1972) simulated prison
  experiment.
• Laud Humphreys (1970) Tearoom Trade.

5
Ethics and Bio-Medical Research

• Tuskegee Syphilis Study
• Dr. Kevorkian
• Reproductive technology ( cloning, stem cell
  research)
• Cancer Research
• Pharmaceutical Research and FDA approval

6
Project SCUM A Contemporary Example of Ethics
and Research

• Sub-Culture Urban Marketing (Project SCUM)
• R. J. Reynolds Project Scum was a for
  marketing Camel cigarettes, in parts of San
  Francisco, CA during the mid 1990s.
• Attempt to attract non-traditional types of
  customers. Philip Morris also attempted to do
  this.

7
Institutional Review Boards (IRBs)

• Committees which consist of professors who check
  ALL research proposals for potential ethical
  violations with human subjects
• Every university has its own IRB
• ALL studies must be approved by the IRB before
  they can start.
• Today Mainly Institutional Review Boards (IRBs)

8
Project SCUM A Contemporary Example of Ethics
and Research (Cont.)

• Specfically targetted gays, rebellious
  Generation Xers, people of international
  influence, and street people.
• University of CA study 41 of gay men smoke v.
  28 for men overall
• UCLA 56 of gay woman are current or former
  smokers v. 36 of women in general.

9
Project SCUM A Contemporary Example of Ethics
and Research (Cont.)

• Wanted to market cigarettes in head-shops, and
  non-traditional outlets.
• Is Project SCUM a violation of ethics?
• Should companies be held liable for marketing
  strategies that violate notions of fairness or
  equity?

10
Ethics and ResearchA brief summary

• Do No Harm
• Report your findings honestly
• When you make a mistake admit it
• Cite, cite, cite
• Know your rights and the rights of others

11
THE THREAT of TERRORISM

• The terrorist attacks of 9/11 forced the U.S. to
  reexamine its entire value system
• Terrorism is
• Deliberate, negligent, or reckless use of force
  against noncombatants, by state or non-state
  actors for ideological ends and in the absence of
  a substantively just legal process.
• Twenty-first century terrorism impacts criminal
  justice professionals at every jurisdictional
  level

12
THE JUST WAR DEBATE

• Philosophers have debated the idea of just wars
  since the time of Cicero (c. 10643 B.C.)
• Justification for war includes
• A grave, lasting, and certain threat
• No other means to avert the threat
• A good probability of success
• The means must not create a greater evil than the
  threat responded to
• Both utilitarianism and ethical formalism support
  ethical wars

13
THE RESPONSE to 9-11

• There has been a fundamental shift in the goals
  and mission of law enforcement and public safety
• New goals include more law enforcement, a
  nationalization of law enforcement, and a
  reduction of civil liberties
• In the place of community policing, tendencies
  seem to engage in policies that capture many more
  in the net of crime control
• There are increasing links between local law
  enforcement and immigration services and federal
  law enforcement

14
THE RESPONSE to 9-11

• Some worry that having a Department of Homeland
  Security moves America closer to a national
  police force
• Coordination among policing agencies has improved
  since 9-11
• There is little tangible evidence that a national
  police force is imminent

15
THE USA PATRIOT ACT

• The USA PATRIOT Act, adopted in response to 9-11
• Authorizes federal agents to spy on Americans
  without probable cause or reasonable suspicion
• Bypasses the requirement that search warrants be
  based on probable cause for search results to be
  admitted in court
• Authorizes deportation of anyone who financially
  supports a terrorist organization
• Requires all Arab-born citizens to register under
  the National Security Entry-Exit Registration
  system
• The Act was extended in 2006 with minor changes

16
GOVERNMENT SECRECY

• Much U.S. policy controlling the War on Terror
  has been masked in secrecy
• Supporters argue secrecy is essential to
  effective warfare and protecting national
  security
• Opponents argue secrecy runs counter to American
  tradition and the Constitution
• No successful terrorist attack has occurred in
  America since 9-11
• We have yet to define what information is a
  threat to national security

17
ABU GHRAIB PRISON

• Prisoner abuse by U.S. Army personnel at Iraqs
  Abu Ghraib prison have led to worldwide debate
• Some contend that conditions reported there
  represent a broad policy condoning prisoner
  abuse
• Others feel that the abuses were isolated
  instances of abuse that do not represent American
  military sentiments
• Still others argue that since the abuses were not
  extreme, they are acceptable in wartime situations

18
TORTURE

• The treatment of terrorists in prison presents a
  series of ethical dilemmas
• How much coercion is permissible to obtain
  information that would avert future terrorist
  acts?
• Almost all Americans would agree that brutal
  torture such as amputations and starvation are
  inappropriate
• Should investigators be able to apply sleep
  deprivation?
• What about long and arduous interrogation
  sessions?

19
TORTURE

• Practices considered not quite torture include
  being
• beaten
• subjected to sustained loud noises and extreme
  heat and cold
• bound or forced to stand in painful positions for
  long periods of time
• kept naked and hooded
• shackled to the ceiling

20
PRISONERS of WAR?

• Should terrorists be granted prisoner of war
  status under the Geneva Conventions?
• Some argue Conventions should not apply to
  terrorists because they are not members of an
  internationally recognized army
• Others feel that humanitarian treatment is the
  goal of the Conventions and they should apply to
  all people in all circumstances

21
CRIME CONTROL and MEANSEND THINKING

• Some justify responses to the 9-11 attacks using
  a utilitarian calculation
• Supporters point out that societal conditions
  have changed and restrictions are now necessary
  to protect public interests
• Is restriction of basic rights like the right to
  association or due process justifiable?

22
CRIME CONTROL and MEANSEND THINKING

• The desired end (deterring/preventing terrorist
  attack) is seen as justifying such means as
  restricting
• Certain individual privacy rights
• Some rights to associate (as when individuals are
  deported simply for associating with groups that
  have been defined as terrorist)
• Some due-process rights (as when immigrants are
  held without charges or deportation for extended
  periods in investigative detentions)
• Under certain conditions, some right not to be
  tortured (as when one is considered a terrorist
  who may have critical information)

23
THE CRIME CONTROL APPROACH

• Are terror-prevention justifications simply
  restatements of the crime control approach?
• Some police and court practices are justified as
  crime deterrence or prevention measures
• Some terror-prevention practices justified as
  terrorism deterrence or prevention measures
• The crime control approach is associated with
  means-end or utilitarian thinking that determines
  good by the result (crime control)

24
THE CRIME CONTROL APPROACH

• A utilitarian approach can be used to justify
  invasive or restrictive police actions
• The end must itself be good
• The means must be a plausible way to achieve the
  end
• There must be no alternative, better means to
  achieve the same end
• The means must not undermine some other equal or
  greater end

25
A RIGHTS-BASED APPROACH TO POLICING

• The War on Terror forces the nation to make
  profound decisions concerning policies to
  effectively deal with a new task for police
• Whereas the consequences of traditional crime
  place hardships on the public, the consequences
  of a dirty bomb would be catastrophic!

26
CRIME CONTROL, HUMAN RIGHTS, and the WAR ON TERROR

• The premise of rights-based law enforcement is
  that some acts are never justified
• Some argue that European police emphasize
  individual liberty more than U.S. police
• Recent terrorist attacks in Britain have brought
  on a crime control orientation by British police
• The conventional wisdom that dealing with
  terrorism fosters a more rights-directed
  philosophy may not apply

27
CRIME CONTROL, HUMAN RIGHTS, and the WAR ON TERROR

• Jihadists differ from more conventional
  terrorists
• Conventional terrorists have fairly defined
  political and social goals if their agenda can
  be addressed, the terror threat diminishes
• Al Qaeda has set as its goal the complete and
  total destruction of modern civilization
• The group targets anyone who disagrees with their
  interpretation of Islam, including other Muslims
• Rational rules for dealing with disenfranchised
  groups seem to have no effect on them

28
A LICENSE to COMMIT CRIME?

• Some military personnel believe that their
  mission places them above the law
• Enemy insurgents in Iraq are classified as
  outside the law
• The means-end mentality justifies any action to
  be taken with impunity
• The Abu Ghraib prison incident is an example of
  such a means-end view of responsibility

29
A LICENSE to COMMIT CRIME?

• This line of thinking taints all soldiers based
  on the lack of ethical decisions of a very few
• While there are isolated examples of this type of
  behavior, it has not been shown to be widespread
• Some suggest this philosophy is condoned by the
  highest authority, and that the leadership is
  involved in a conspiracy to cover up the truth
• There is no evidence to support such accusations
• Soldiers, like police officers, are expected to
  protect the public safety and insure that
  individual rights are respected

30

Lecture Slides prepared by Mark Kellar to
Accompany
AJ 482

• CHAPTER 14
• COMMUNITY CORRECTIONS

31
COMMUNITY CORRECTIONS

• CC refers to halfway houses, work release
  centers, probation, parole, and intermediate
  sanctions (e.g., electronic monitoring)
• These programs can be administered as conditions
  of probation or parole, or as sentences in and of
  themselves.
• Most offenders are under some form of community
  supervision (probation or parole)
• Community supervision poses different ethical
  challenges than institutional corrections

32
COMMUNITY CORRECTIONS

• CC promotes
• the concept of acceptance
• the concept of integration with the community
• the needs of the offender
• the needs of the victim (through restitution)
• CC professionals
• do not have the same power as police or
  correctional officers to use physical force
• do have a great deal of nonphysical power

33
COMMUNITY CORRECTIONS

• Probation and parole sentences typically include
  certain conditions
• Some conditions pose special issues of privacy
  and liberty, and have impact on others
• For example, should conditions
• specify with whom the offender can associate?
• specify that the offender attend church?
• define the type of job the offender can have?
• address whether the offender must use
  contraception when having sex?

34
NET WIDENING

• Net widening the continuous placement of
  individuals under some form of government control
• Drug testing as a probation condition, for
  example, may expand to include other classes of
  offenders
• In time, the number of offenders placed on drug
  testing becomes so great that the system is
  negatively impacted
• Those who fail drug tests are remanded to prison
  because their probation is revoked
• Ultimately, then, the prison population rises
• The irony one reason for implementing a drug
  testing program is to reduce prison populations

35
SANCTIONS NOT RELATED TO OFFENSES

• Ethical issues are raised when intermediate
  sentences include sanctions not related to the
  offenders crime
• An offender may be prohibited from going to
  places where alcohol is served, although his
  offense had nothing to do with alcohol
• Supporters argue that people who drink are more
  likely to commit all kinds of crimes, not just
  those that are alcohol-related
• Additionally, the probationer/parolee agrees to
  the conditions before entering the program

36
PROBATION and PAROLE OFFICERS

• Some consider probation and parole officers to be
  more professional than correctional officers
• They typically have at least a bachelor's degree,
  if not a graduate degree
• They are subject to fewer organizational controls
  in the form of rule books and policies
• They have a great deal of discretion
• Probation/parole officers must
• weigh the offenders needs against the needs of
  the community
• consider decisions to substitute personal values
  and goals for organizational values

37
PROBATION and PAROLE OFFICERS

• Probation/parole officers exercise a great deal
  of discretion when
• making sentencing recommendations
• deciding whether to file violation reports
• making probation/parole revocation
  recommendations
• making the numerous essential daily supervisory
  decisions regarding the probationers/parolees on
  their caseload

38
PROBATION and PAROLE OFFICERS

• Traits of the probation/parole officer subculture
  include
• Cynicism towards clients
• Lethargy from heavy caseloads and poor pay
• Individualism an officer running his/her
  caseload in the manner he/she sees fit
• Types of probation/parole officers include
• Punitive law enforcers
• Welfare/therapeutic practitioners
• Passive time-servers
• The combined model

39
CASELOAD SUPERVISION

• Officers do not make the final decision to revoke
• Officers do make the decision to report
  violations and make recommendations
• Officers excusing serious violations due to
  personal favoritism, fear, or bribery put the
  community at risk
• Officers must balance competing loyalties to the
  public and the client in making every supervision
  decision

40
CORRUPTION

• Corruption in probation/parole is not as common
  as in law enforcement
• Areas of concern include
• Coercing sexual favors in return for favorable
  reporting
• Accepting bribes
• Withholding important information that is
  favorable to the client from the court or parole
  board
• Using client skill or labor for personal gain

41
PAROLE/PROBATION CLIENTS

• Parolees are perceived as a greater threat to the
  community than probationers
• Thus, the supervision function of parole officers
  is emphasized much more strongly than in
  probation
• Parolees are usually older and have longer
  criminal records than probationers
• Thus, parole officer/client relationships may be
  different than probation officer/client
  relationships
• Is the officers role to help clients readjust to
  society, or to catch them for breaking rules?

42
A NEW CORRECTIONS PARADIGM?

• America has one of the worlds highest rates of
  incarceration
• High recidivism rates suggest that prisons and
  other deterrence mechanisms are not particularly
  effective in reducing crime
• Some advocate a new approach to crime and
  punishment

43
RESTORATIVE JUSTICE

• Rationales and justifications for community
  approaches were redefined during the 1980s
• Instead of rehabilitation, restoration or
  reparation (for the victim) became the
  philosophical rationale behind such programs
• The idea of restorative justice is to make the
  victim whole again by restoring the condition he
  or she was in prior to the victimization event
• Restorative justice also produces a measurable
  positive effect for the community

44
RESTORATIVE JUSTICE

• The goals of restorative justice are
• Meeting a clearly defined and obvious need
• Symbolically linking offender and victim, or
  offender and community
• Viewing offenders as resources, with outcome
  measures directed to the work itself, rather than
  to the offender's behavior
• Involving offenders in project planning and
  execution
• Achieving a sense of accomplishment, closure, and
  community recognition

45
RESTORATIVE JUSTICE

• Peacemaking corrections employs care and
  wholesight, or looking at what needs to be done
  with both the heart and the head
• Victim-offender mediation brings victims
  face-to-face with their offenders so the victims
  can tell the offenders how being victimized
  affected them
• Community reparative boards seek to devise
  sentences that meet the needs of both parties
• Victim education, similar to victim-offender
  mediation, does not match victims with their
  particular offenders, but instead uses volunteer
  victims to meet with offenders and explain the
  effects victimization had on them

46
RESTORATIVE JUSTICE

• The key values of restorative justice are
• Healing rather than hurting
• Respectful dialogue
• Making amends
• Caring and participatory community
• Taking responsibility
• Remorse
• Apology
• Forgiveness

47
SHAMING

• The two types of shaming are reintegrative and
  stigmatizing
• A variety of punishments inflicted on offenders
  today incorporate the concept of shame
• Some convicted of drunk driving must obtain
  special license plates
• Some sex offenders must post signs on their
  houses
• Some offenders have been required to publicly
  confess and seek the forgiveness of their
  community
• Thus far, there has not been much legal challenge
  to these punishments

48
RESTORATIVE JUSTICE

• Ethical issues include
• The potential for net widening
• Privacy issues
• Offender or victim reluctance or refusal to
  participate
• Third party (e.g., parental) resistance on
  grounds that because they have not broken any
  laws, the state cannot mandate their participation

49
RESTORATIVE JUSTICE

• Should victims be able to veto this approach and
  demand traditional punishment?
• Is it possible for a victim to be too vindictive?
• Most victims groups advocate harsher
  punishments, not restorative justice
• The groups discuss "rights" rather than "needs"
  and draw their moral legitimacy from retribution
  rather than the ethics of care

50
THE VICTIM SATISFACTION MODEL

• Some contend that the due process and crime
  control models of justice have given way to a
  victim satisfaction model
• Some suggest this makes the criminal justice
  system a de facto civil justice system
• Such a system raises fundamental challenges to
  the American criminal and civil justice systems
• The specific question is
• Do criminals ever deserve forgiveness?